UCC Bicycle Wins ucc Coffee in the Trademark Lawsuit
2011/12/20 TaiwanThe Japanese UCC Ueshima Coffee Co., Ltd. accused Bing Fu Company, a Taiwanese bicycle manufacturer, for registering the trademark “UCC” that is similar to its “ucc” mark and filed an opposition overseas. The judge deemed that the designated goods of these two trademarks are different, notwithstanding that their trademarks are similar. Thus, the judgment ruled against UCC Coffee.
UCC Coffee argued that it had been established for more than 70 years, and it registered the trademarks for tea, coffee, and cocoa products in Taiwan since 1974. In 1985, UCC founded the You Shi Coffee Co., Ltd. with Wei Chun Corporation cooperatively. During these twenty years, it had earned 200 to 300 million dollars of annual sales. UCC also claimed that Bing Fu Company’s “UCC” mark is designed in the uppercase characters, with a very thin, reversed-out white stripe running through the device. On the other hand, UCC Coffee’s “ucc” mark is designed in the lowercase characters. Although one is in uppercase and the other is in lowercase, they have certain similarities in appearance, pronunciation, and conception, and would cause the likelihood of confusion to the relevant consumers.
Bing Fu Company replied that it had been established for more than twenty years, and its trademark was indeed the abbreviation of “UNIVERSAL CYCLE,” which meant selling bicycles globally. Its bicycles and the relevant components were sold throughout the world, and its news could be seen on the media usually. The products of UCC Coffee and Bing Fu Company are different, and they are in different business sectors. There exists no likelihood of confusion to relevant consumers.
After the investigations, the judge considered that both the products and distribution channels of UCC coffee and Bing Fu Company were different, despite they registered the similar trademarks. The relevant consumers would hardly misidentify. Furthermore, Bing Fu’s “UCC” mark was also renowned in the world bicycle market. It would not lessen the distinctiveness and goodwill of UCC in the coffee beverage market. Therefore, Bing Fu Company did not violate the Trademark Art.
Organized and translated by Brain Pang
International Affairs
